i think that if romney wins, ruth bader ginsburg will try to hold on for the next four years. if obama wins, kennedy and scalia will try to hold on, but you never know what'll happen. >> can you speculate what was in roberts mind when he famously replied that the job of the justice was just [inaudible] as opposed to change the rules? >> well, that is the most quoted thing he has ever said. 80% of the time, critically about him, look, we all, supreme court justices included, perceive ourselves in certain ways and i don't think john roberts it's up in the morning and says i am a judicial activist and is trying to disrupt the united states. clarence thomas does wake up and say that. [laughter] i don't mean that in a critical way. clarence thomas lily has a very different attitude towards president than any of the other justices. justice story has senate. thomas doesn't really believe in the rule of presidents. he thinks that these decisions are wrong and we ought to overturn the mall. and that is a very different attitude than any of the other justices. roberts has an image of hi